Aging and Disability Services Council Sharon Swift Butterworth ...

Program services based on utilization patterns and trends.
§48.6010. [Client's] Right To Appeal.
[begin addition] An applicant whose request for enrollment into the CBA Program is denied or is
not acted upon with reasonable promptness, or an individual whose CBA Program services have
been denied, suspended, reduced, or terminated by DADS, is entitled to a fair hearing in
accordance with Texas Administrative Code, Title 1, Chapter 357, Subchapter A (relating to
Uniform Fair Hearing Rules). [end addition] [begin deletion] Any applicant or client who is
denied waiver program services is entitled to a fair hearing conducted by the Texas Department
of Human Services (DHS) according to DHS's fair hearing rules in Chapter 79 of this title
(relating to Legal Services). [end deletion]
§48.6026. Home and Community Support Services Agency (HCSSA) Qualifications.
(a) A HCSSA that contracts to provide CBA services must:
(1) maintain a license under Chapter 97 of this title (relating to Licensing Standards for
Home and Community Support Services Agencies) in the licensed home health services
category;
(2) have a separate contract to provide CBA services in each DADS region in which
services are to be delivered;
(3) be in compliance with Chapter 49 of this title (relating to Contracting for Community
Care Services);
(4) have the counties in the DADS contract for CBA services included in the identified
licensed service area on file at DADS; and
(5) be authorized by the secretary of state to do business in the State of Texas (if an outof-state
corporation).
(b) A HCSSA that contracts to provide CBA services may maintain a license in the personal
assistance services category in addition to the licensed home health services category for the
purpose of providing personal [begin addition] assistance services [end addition] [care tasks] that
do not require nurse delegation [begin deletion] or supervision, including health maintenance
activities [end deletion].
§48.6052. Cost-Effective Purchases of Adaptive Aids.
[begin addition] (a) Adaptive aid costing less than $500
[begin addition] (1) [end addition] [(a)] For any single adaptive aid expenditure costing
less than $500, the [begin addition] HCSSA [end addition] [begin deletion] Home and
Community Support Services (HCSS) agency [end deletion] must:
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